Los Angeles County Department of Children & Family Services v. Juan T.

Caution
154 Cal. Rptr. 3d 172·2013 Cal. App. LEXIS 194·214 Cal. App. 4th 515
Court of Appeal of CaliforniaFebruary 14, 2013No. B239238California3,257 words

Opinion

Lead Opinion

Klein, J.

*517 Opinion

Juan T., maternal grandfather and one of three legal guardians to three-year-old Ricky T., appeals jurisdictional findings and dispositional orders made with respect to Ricky T. Juan T. contends his sexual abuse of his stepgranddaughters, A.G. and D.G., then ages 12 and nine years, is insufficient to show Ricky T. was at risk of harm in his care.

We conclude Juan T.’s conviction of crimes involving sexual abuse of A.G. gave rise to a presumption Ricky T. was at risk of harm in Juan T.’s care and Juan T. failed to rebut the presumption. (Welf. & Inst. Code, § 355.1, subd. (d).) 1 Also, given that Juan T. boldly abused A.G. while he was working as a vendor in a mall, the juvenile court reasonably could conclude Juan T. might sexually abuse a child in Ricky T.’s presence, thereby rendering Ricky T. a victim of sexual abuse within the meaning of section 300, subdivision (d). Finally, we agree with the cases cited by the juvenile court which hold sexual abuse of a child by a parent places the victim’s male and female siblings who remain in the home at risk of similar aberrant sexual behavior. (In re Karen R. (2001) 95 Cal.App.4th 84, 90-91 [ 115 Cal.Rptr.2d 18 ]; In re…

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